How to Evict a Tenant in Texas

If you’ve never evicted a tenant in Texas, it’s easy to look at the process and feel overwhelmed by the many steps.

While there are multiple steps and potential challenges, don’t let that stop you from following through on the necessary action.

How to Evict a Tenant from Your Texas Property

Here are the steps that you must take to evict a tenant in Texas.

Step 1: Provide Proper Notice to the Tenant

Before starting the eviction process, you must give the tenant written notice to vacate. The type of notice depends on the reason for the eviction. This step is crucial because failing to provide proper notice can lead to delays or dismissal of your case.

• Non-payment of Rent: If the tenant has failed to pay rent, you must give a 3-day notice to vacate unless the lease specifies a different period. This notice informs the tenant that they must either pay the overdue rent or move out within three days.
• Lease Violations: If the tenant has violated the lease agreement, such as damaging the property or keeping unauthorized pets, you must provide a 3-day notice to vacate unless the lease states otherwise.
• Month-to-Month Tenancy Termination: If you are ending a month-to-month lease, you must provide a 30-day written notice before the termination date.
• Delivery of Notice: The notice must be delivered in person, posted on the inside of the main entrance, or sent via certified mail with a return receipt. You cannot remove a tenant without completing this step properly.

If the tenant does not comply with the notice, you can proceed to file an eviction lawsuit.

Step 2: File an Eviction Lawsuit (Forcible Entry & Detainer Suit)

If the tenant refuses to move out after receiving the notice, the next step is to file an eviction lawsuit. This legal action is called a Forcible Entry and Detainer Suit, and it must be filed in the Justice of the Peace (JP) Court in the county where the rental property is located.

• Filing the Lawsuit: Visit the local JP Court and submit an eviction petition. You will need to provide details about the tenant, property, lease violation, and the notice you provided.
• Pay the Filing Fee: The court requires a filing fee, which varies by county but typically ranges between $100 and $150. Some courts also charge a service fee for delivering the court notice to the tenant.
• Service of Citation: After filing, the court will issue a citation, which will be delivered to the tenant by a constable, sheriff, or process server. This citation informs the tenant of the lawsuit and the date of the eviction hearing.
• Tenant's Right to Respond: The tenant has a right to respond to the lawsuit and may choose to contest the eviction by appearing in court.

If the tenant does not respond or appear in court, you may receive a default judgment in your favor.

Step 3: Attend the Eviction Hearing

Once the lawsuit has been filed, the court will schedule an eviction hearing. This is where you will present evidence and argue your case in front of a judge.

• Prepare Your Evidence: Bring all necessary documents, including:
  • A copy of the lease agreement
  • The notice to vacate you provided
  • Proof of delivery of the notice
  • Rent payment records or proof of nonpayment
  • Photos, emails, or communications regarding lease violations
• Courtroom Proceedings: On the scheduled court date, you and the tenant will have an opportunity to present your case. If the tenant contests the eviction, they may present their own evidence and arguments.
• Judge’s Decision: After reviewing the case, the judge will decide whether to grant the eviction. If the judge rules in your favor, the tenant will have 5 days to move out voluntarily.
• Appeals: If the tenant loses, they have the right to appeal the decision, which can delay the eviction process.

If the tenant does not leave within the given time, you must request a writ of possession to remove them legally.

Step 4: Obtain a Writ of Possession (If Necessary)

If the tenant refuses to vacate after the court ruling, you must take additional legal steps to regain possession of your property. The writ of possession is a court order that allows law enforcement to physically remove the tenant and their belongings.

• Request the Writ of Possession: After the 5-day waiting period, you can file for a writ of possession with the same Justice of the Peace Court where the eviction case was heard.
• Law Enforcement Execution: Once granted, the constable or sheriff will serve the writ to the tenant and give them a 24-hour notice to vacate. If they still refuse to leave, law enforcement will physically remove them.
• Handling Tenant’s Property: If the tenant leaves personal belongings behind, you must follow Texas laws on handling abandoned property. In some cases, you may be required to store the items before disposing of them.
• No Self-Help Eviction: Texas law strictly prohibits landlords from changing locks, shutting off utilities, or forcibly removing tenants without a writ of possession.

Once law enforcement has executed the writ, you can legally regain possession of your property.

Step 5: Regain Possession of the Property

After the tenant has been removed, the final step is to secure the property, assess any damages, and prepare it for the next tenant.

• Change the Locks: Once the constable enforces the eviction, immediately change the locks to prevent the tenant from re-entering.
• Inspect the Property: Conduct a thorough inspection and document any damages beyond normal wear and tear. Take photos or videos for records.
• Handle Abandoned Property: If the tenant left any belongings behind, follow Texas property laws regarding storage or disposal.
• Return or Deduct Security Deposit: If applicable, provide the tenant with a written itemized statement of any deductions from the security deposit within 30 days.
• Prepare for a New Tenant: Once repairs and cleaning are completed, relist the property and start screening for a new tenant.

Completing these steps properly ensures you comply with Texas eviction laws and avoid potential legal issues. Would you like help drafting a Texas-specific eviction notice?

Is Eviction the Only Option?

Eviction is a last resort for landlords dealing with problematic tenants, but it’s not always the only solution. The eviction process in Texas can be time-consuming, costly, and stressful, often taking several weeks or months before a resolution is reached. Instead of immediately pursuing eviction, consider alternative approaches that may resolve the issue more efficiently.

1. Open Communication with the Tenant

Many tenant-related problems stem from miscommunication or temporary financial hardships. Before taking legal action, try discussing the situation with your tenant to see if a solution can be reached.

• Offer a payment plan – If the tenant is behind on rent but willing to pay, a structured repayment agreement may help them catch up.
• Discuss lease violations – If the issue is non-compliance with lease terms, a clear conversation outlining expectations and consequences might resolve the problem.
• Send a formal warning – A written notice reminding the tenant of their obligations can sometimes encourage compliance without escalating the situation to an eviction.

Having a respectful but firm discussion can often lead to voluntary cooperation, saving both parties time and money.

2. Cash for Keys Agreement

If a tenant is unlikely to meet lease terms or is unwilling to leave, a cash for keys arrangement may be a practical alternative to eviction. This involves offering the tenant a monetary incentive to vacate the property voluntarily.

• How It Works: The landlord offers an agreed-upon sum of money in exchange for the tenant leaving by a specific date.
• Benefits: This approach avoids legal fees, speeds up the process, and allows the landlord to regain possession of the unit more quickly.
• Written Agreement: Always document the agreement in writing and specify the move-out date and amount to be paid to the tenant.

While some landlords hesitate to pay a tenant to leave, the overall cost is often lower than court fees, lost rent, and property damage from prolonged disputes.

3. Mediation Services

If discussions are unproductive but eviction still seems avoidable, professional mediation may help both parties reach a fair resolution. Mediation involves a neutral third party who facilitates negotiations to find a mutually acceptable solution.

• Mediation can help with:
  • Lease violations
  • Disputes over repairs or maintenance
  • Nonpayment of rent issues
  • Unclear lease terms

Mediation is often faster and less expensive than an eviction, and in many cases, it preserves a professional landlord-tenant relationship.

4. Lease Non-Renewal

 

If eviction seems too aggressive or complicated, you can simply wait until the lease expires and provide a non-renewal notice.

• For month-to-month tenants, Texas law requires at least 30 days’ written notice before ending the lease.
• For fixed-term leases, no special notice is required unless the lease agreement states otherwise.

While this approach takes time, it eliminates legal complications associated with eviction.

Texas Eviction Frequently Asked Questions

If you haven’t found what you’re looking for just yet, here are some frequently asked questions and answers.

Can I evict a tenant if there is no written lease?

Yes, landlords can evict tenants even if there is no written lease, as long as there is a verbal or implied rental agreement. The eviction process follows the same legal steps, including proper notice and a court hearing.

Can I remove a tenant’s belongings after they leave?

Texas law requires landlords to handle abandoned property carefully, especially if the tenant was evicted through a court order. Depending on local regulations, you may need to store the items for a period before disposal or sale.

What happens if a tenant refuses to leave after an eviction order?

If a tenant does not leave after the court orders eviction, the landlord must request a writ of possession from the court. A constable or sheriff will then physically remove the tenant and their belongings.

Can I shut off utilities to force a tenant to leave?

No, shutting off utilities, changing locks, or removing a tenant’s belongings without a court order is illegal in Texas. Doing so could result in legal penalties and fines for the landlord.

How long does the Texas eviction process take?

The process usually takes between three to six weeks, depending on court scheduling and whether the tenant contests the eviction. If the tenant appeals, the timeline can be extended further.

Can a tenant be evicted for having unauthorized pets?

Yes, if the lease prohibits pets and the tenant violates this rule, the landlord can issue a 3-day notice to vacate. If the tenant does not remove the pet or leave, the landlord can proceed with an eviction lawsuit.

What if a tenant pays rent after I file for eviction?

If a tenant pays the overdue rent before the court hearing, the landlord can choose to dismiss the case or proceed with eviction if other lease violations exist. Some leases have clauses stating that partial payments do not stop an eviction.

Final Word

By now, you should have a clear understanding of how to evict a tenant in Texas. You should also realize that you have other options and this is very likely your last resort.

If you’ve concluded that the “real estate game” is no longer for you, consider selling your Texas investment property for cash. It’s the best way to remove this stress from your life.